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Neeraj Kumar Jha (Student)     19 November 2011

For reply to a notice sent by labour deportment

Dear all ..

I am running a small BPO unit and have employed around 20 - 30 employies. one of the employ who worked for us for 10 days was fired by us on the ground of misleading our coustemers sson after that w got a notice from deputy Labour Comissioner regarding payment  for one month and ten days due to the fired employ.  kindly suggest us . what should I do?


 5 Replies

Pathikrit Naha (DGM - HR & ADMIN)     19 November 2011

what was the designation of that employee ?  what is the notice pay in service rules or in appointment letter ?  without all these information it is difficult to reply .

Kirti Kar Tripathi (lawyer)     19 November 2011

You are not liable to pay one month notice pay. However, 10 days wages, if not paid, you have to pay. So offer the same immediately, if not paid.

Kumar Doab (FIN)     19 November 2011

Learned Mr. Naha, Mr. Tripathi has given valuable advice. Kindly follow it.

It is believed that notice period was 1 month and employee worked for 10 days.

Kindly update, on the grounds for, denying notice pay since termination order was issued.

Did the customer submit any written complaint, and did the company issue any memo/show cause notice, and did the employee submit admission of misleading customer? Is it recoded in service rules/appointment letter that if the employee is involved in malpractices services can be terminated without notice pay?

jagadish paranjape (Advocate)     28 January 2012

It would be interesting to know as to under which legal provision,Dy. labour commissioner has directed you to pay 1 month and ten days salary.To my knowledge labour department does not have any power of adjucating or giving direction.In any case unless you are heard,no direction can be given.

Surender Kumar Sharma (Advocate)     29 January 2012

Dear Questioner

It is realy extrange to here that the Labour Commissioner has orderd to pay one montth and ten days payment without any hearing,  Sir remember there is no more British Rule at present. View of learned Jagdish Paranjape is apriciable  more over it is also important to know the status of that employee, appointment latter, terms and condition of employment, and many more thing. please follow the suggesion of learned experts above

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